A subpoena is a court-ordered command that requires an individual to appear in court and testify, or produce documents as part of a lawsuit. The term “subpoena” is the Latin term for “under penalty”. Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help their client’s case.
A subpoena should not be ignored and the recipient has to comply with its terms.
Non-compliance is considered contempt of court, and is subject to civil or criminal penalties such as fines, jail time, or both.
Under state and federal civil or criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help their client’s case. Attorneys typically request subpoenas, which are issued by the court and served through mail, email, or personal delivery.
Subpoenas might include requests for:
• Blood test information
• DNA samples
• Computer files
• Medical bills or insurance records
• Income tax returns
• Photographs
• Employee records
If you have received a subpoena, understand what is being requested and who is being asked to appear. Subpoena requests for documents and other items are usually very detailed and specific.
Identify who is requesting the information and for what purpose. Adequately prepare for the testimony you are required to give. Don’t miss the designated hearing date and time to avoid potential penalties.
In circumstances where the information sought is considered privileged, lost, in violation of Fifth Amendment constitutional right, is over-broad or unduly burdensome, you may be able to avoid having to produce documents or appear in court.
In conclusion, a subpoena is a formal written order that should be taken seriously. A person who receives a request to produce documents or to appear in court should take the necessary steps to comply. Failure to comply may result in contempt of court charges.
If you’ve received a subpoena, immediately seek the council of Derek Usman at the Usman Law Firm. Every circumstance is different, and Derek is an experienced litigation attorney who will help you understand and navigate the legal system.